(A) Application.
(1) Ownership. In order that the purposes of this chapter section may be achieved, the property shall be in single ownership or under the management and supervisory lease or ownership control as may be necessary to carry out the provisions of this chapter.
(2) Applicability. This section establishes provisions for the granting of conditional use permits for planned unit developments in zoning districts where permitted as conditional uses and which are in compliance with the permitted and conditional uses allowed in that zoning district. Unless specifically addressed in this section, the rules, provisions and regulations of the zoning district and elsewhere in this chapter shall apply to the planned unit development.
(B) Procedures and requirements for establishing a planned unit development.
(2) Application for a conditional use permit shall be accompanied by a concept plan to include written statements and any necessary sketch plans drawn to scale. The concept plan shall include the following:
(a) Identification of PUD boundaries;
(b) Proposed land uses;
(c) Densities (approximate square footage per unit or, when appropriate, floor area ratios);
(d) Generalized site layout;
(e) Circulation patterns (vehicular and pedestrian);
(f) Open space areas, proposed parks or recreation facilities;
(g) Generalized land use of the surrounding area;
(h) Building type(s); and
(i) Tentative development schedule and/or phasing of development.
(3) Public hearing on request for conditional use permit shall be held as provided for by ordinance. Recommendation and findings of the Planning Commission shall be submitted for action upon by the City Council. Affirmative action by the City Council may be a tentative approval.
(4) Tentative approval of the conditional use permit shall be subject to the condition that a preliminary development plan, as outlined in division (B)(8) below, be submitted for review and action upon by the City Council upon recommendation of the Planning Commission within three months of the tentative approval of the concept plan.
(a) For the purposes of this division (B)(4), TENTATIVE APPROVAL shall mean that the Planning Commission and the City Council have approved in concept the development of the proposed site as a PUD and that based upon the proposed land uses, densities, site layout and other features of the development as outlined in the concept plan, the proposed PUD development is an appropriate and proper use of that property. Tentative approval does not grant the applicant any right to undertake construction of the development.
(b) If the preliminary development plan is not submitted within three months, the conditional use permit will lapse unless an extension of time is requested by the applicant and granted by the City Council upon recommendation of the Planning Commission.
(5) At the time of submission of the preliminary development plan, the application shall make application for subdivision, subject to the requirements, provisions and procedures of Ch. 155 of this code of ordinances.
(6) If the PUD is to be completed in phases as provided for and approved in the concept plan, application may submit a preliminary development plan and make application for subdivision for the initial phase. Submission of preliminary development plans and application for subdivision for subsequent phases shall be based on the tentative development schedule of the concept plan.
(7) The preliminary development plan shall be in conformance with the concept plan, and will be based directly on that plan and any conditions or revisions as required by City Council as part of the tentative approval of the concept plan. Any modification of the PUD proposal from the concept plan must be documented as to the changes requested, impact on the overall plan and reasons for requesting modifications. Any modification of the proposal must be approved by City Council upon recommendation of the Planning Commission.
(8) The preliminary development plan is to include the following.
(a) General area-wide development plan (general outline of the site and surrounding area).
1. Uses;
2. Zoning;
3. Streets;
4. Grade or topography; and
5. Densities.
(b) Specific site plan.
1. The entire outline, overall dimensions and area of the tract described in the application;
2. The use, zoning and ownership of all adjacent properties within 100 feet of the tract boundaries including the location of all structures thereon and the right-of-way width of all adjacent public roadways;
3. The existing and proposed topography of the tract with contour intervals not greater than two feet;
4. The location, general exterior dimensions and approximate gross floor areas of all proposed buildings;
5. The type of each use proposed to occupy each building and the approximate amount of building floor area devoted to each separate use;
6. The proposed location, arrangement and number of automobile parking stalls;
7. The proposed location, arrangement and general dimensions of all truck loading facilities;
8. The location and dimensions of all vehicular entrances, exits and driveways and their relationship to all existing or proposed public streets;
9. The location and dimensions of all walls, fences and plantings designed to screen the proposed district from adjacent uses;
10. The general drainage system;
11. The types of all ground covers;
12. Standards for exterior signs, architectural style and other variables which will be controlled in the design of buildings in the development site;
13. Proposed signage;
14. A site plan for traffic engineering analysis, showing location and design of the buildings, driveways, driveway intersections and streets, parking areas, loading areas, maneuvering areas and sidewalks;
15. A site grading plan and planting plan, including screen walls and fences, for analysis of adequacy of surface drainage, erosion control, visual screening and landscaping, including sodding; and
16. Proposed covenants, deed restrictions, reservations, controls, declarations and homeowner’s association by-laws.
(c) Development schedule. The applicant shall submit a proposed schedule of construction. If the construction of the proposed planned unit development is to be in stages, then the components contained in each stage must be clearly delineated. The development schedule shall indicate the starting date and the completion date of the complete development plan.
(9) Public hearing will be reopened on the conditional use permit for PUD for the purpose of reviewing the preliminary development plan. Recommendations and findings of the hearing shall be submitted for action upon the conditional use permit by the City Council. When applicable, public hearing on the preliminary plan shall be held at the same meeting.
(10) Upon approval of the conditional use permit, with or without further conditions or restrictions, the preliminary development plan, together with such covenants, deed restrictions, reservations, controls or variances as are a part thereof, shall become a part of the official file of the city.
(11) As provided for and regulated in Ch. 155 of this code of ordinances, approval of the final plat must be secured by the applicant.
(12) Upon approval of the final plat, the applicant shall then be entitled to make application for necessary building permits.
(C) Review and evaluation criteria. The evaluation of the proposed plan and development shall include, but not be limited to, the following criteria.
(1) Adequate property control is necessary to protect the individual owner’s rights and property values. Responsibility for maintenance and upkeep of land and structures held in common ownership is provided for in a declaration of covenants, conditions and restrictions or equivalent document.
(2) The interior circulation plan plus access from and onto public right-of-way do not create congestion or dangers and is adequate for the safety of the project residents and the general public.
(3) A sufficient amount of usable open space is provided.
(4) The arrangement of buildings, structures and accessory uses does not reasonably disturb the privacy or property values of the surrounding residential uses.
(5) The architectural design of the project is compatible with the surrounding area.
(6) The drainage and utility plans are submitted to the City Engineer and the final drainage and utility plans shall be subject to his approval.
(7) The development schedule ensures a logical development of the site which will protect the public interest and conserve land.
(8) Dwelling unit and accessory use requirements are in compliance with the district provisions in which the development is planned.
(D) General implementation.
(1) Compliance with the final development plan and changes.
(a) The development of the planned unit development shall be in compliance with the final development plan.
(b) Differences between the actual development and proposed development shown in the final development plan not permitted under the foregoing provisions of this section will be permitted only if the final development plan is changed with the approval of the City Council. Proposed changes shall be reviewed by the Planning Commission and recommendations forwarded to the City Council.
(2) Building permits. Applications for building permits shall be reviewed and approved by the Building Inspector after considering conditions imposed by the City Council. Such applications shall be examined by determine if they are in compliance with this chapter and the final development plan.
(E) General development requirements.
(1) General. When applicable, the declaration of covenants, conditions and restrictions or equivalent document shall provide that in the event the association or corporation fails to maintain properties in accordance with the applicable rules and regulations of the city or fails to pay taxes or assessments on properties as they become due and in the event the said city incurs any expenses in enforcing its rules and regulations, which said expenses are not immediately reimbursed by the association or corporation, then the city shall have the right to assess each property its pro rata share of said expenses. Such assessments, together with interest thereon and costs of collection, shall be a lien on each property against which such assessment is made.
(2) Public services. The proposed project shall be served by the city water and sewer system and fire hydrants shall be installed at such locations as necessary to provide fire protection.
(3) Utility connections.
(a) Water connections. Where more than one property is served from the same service line, a shut-off valve must be located in such a way that each unit’s service may be shut off by the city, in addition to the normally supplied shut-off at the street.
(b) Sewer connections. Where more than one unit is served by a sanitary sewer lateral which exceeds 300 feet in length, provisions must be made for manhole to allow adequate cleaning and maintenance of the lateral. All maintenance and cleaning shall be the responsibility of the property owner’s association or owner.
(4) Building height. Height limitations shall be the same as imposed in the respective districts.
(5) Roadways.
(a) Private roadways within the project shall have an improved surface of 20 feet or more in width and shall be so designed as to permit the city fire trucks to provide protection to each building.
(b) No portion of the required 20-foot road system may be used in calculating required off-street parking space or be used for parking.
(F) Planned unit development - residential.
(1) Purpose. It is the intent of this section of this chapter to establish provisions for the granting of a conditional use permit for planned unit development - residential projects which are in compliance with the permitted and conditional uses allowed in a specific district including dwellings, offices and institutional uses of one or more buildings in relation to an overall design, and integrated physical plan and in accordance with the provisions and procedures as prescribed in this chapter.
(2) Minimum project size. The tract of land for which a planned unit development-residential is proposed and permit requested shall not have less than three acres of land.
(3) Required frontage. The tract of land for which a project is proposed and permit requested shall not have less than 200 feet of frontage on the public right-of-way.
(4) Yards.
(a) The front and side yard restrictions at the periphery of the planned unit development site at a minimum shall be the same as imposed in the respective districts.
(b) No building shall be nearer than its building height to the rear or side property line when such line abuts an “R-1” or “R-2” use district.
(c) No building shall be located less than 15 feet from the back of the curb line along those roadways which are part of the private roadway pattern.
(d) No principal building within the project shall be nearer to another building than one-half the sum of the building heights of the two buildings.
(5) Density bonus. As a consequence of a planned unit development’s planned and integrated character, the number of dwelling units allowed within the respective zoning district may be increased by 10%. The building parking and similar requirements for these extra units shall be observed in compliance with this chapter.
(6) Minor PUDs. The minimum requirements of division (F)(2) and (F)(3) above may be reduced, if, upon recommendation of the Planning Commission, the City Council determines that the public health, safety and general welfare can be better served by a smaller development that demonstrates integrated planning and architecture, joint or common use of parking, conservation of land and open space through clustering of buildings and activities, and provides a harmonious selection and efficient distribution of uses. The Zoning Administrator may waive or reduce procedures and requirements for such minor residential planned unit developments of less than three acres and/or 200 feet of frontage on the public right-of-way.
(7) Additional requirements - townhouses, multiple-family structures.
(a) No single townhouse structure shall contain more than eight dwelling units.
(b) Minimum unit lot frontage for townhouses shall be not less than 20 feet.
(c) Dwelling unit and accessory use requirements must comply with the district provisions in which the development is planned.
(d) No building within the project shall be nearer to another building than one-half the sum of the building heights of the two buildings.
(e) Townhouses, cooperatives and condominiums will be subdivided on an individual unit basis according to the provisions of Ch. 155 of this code of ordinances.
(G) Planned unit development - commercial and industrial.
(1) Purpose. The intent of this section of this chapter is to establish provisions for the granting of a conditional use permit to erect planned unit development - commercial and industrial projects which are in compliance with the permitted and conditional uses allowed in a specific district in one or more buildings in relation to an overall design, an integrated physical plan and in accordance with provisions and procedures in this chapter.
(2) Minimum project size. The tract of land for which a planned unit development - commercial or industrial project is proposed and permit is requested shall contain not less than five acres for commercial and industrial projects.
(3) Frontage. The tract of land for which a project is proposed and a permit requested shall not have less than 200 feet of frontage on a public right-of-way.
(4) Yard. No building shall be nearer than 50 feet to the side or rear property line when such line abuts an “R-1”, “R-2”, “R-3” or “R-4” use district.
(5) Minor PUDs. The minimum requirements of divisions (G)(2) and (G)(3) above may be reduced, if, upon recommendation of the Planning Commission, the City Council determines that the public health, safety and general welfare can be better served by a smaller development that demonstrates integrated planning and architecture, joint or common use of parking, conservation of land and open space through clustering of buildings and activities and provides a harmonious selection and efficient distribution of uses. The Zoning Administrator may waive or reduce procedures and requirements for such minor commercial and industrial planned unit developments of less than five acres and/or 200 feet of frontage on the public right-of-way.
(H) Planned unit development - manufactured housing.
(1) General. Any planned unit development for manufactured housing, as defined by § 157.002 of this chapter, must be developed in conformance with the rules, regulations and procedures or this section, with additional regulation as provided below and subject to all other applicable provisions of this chapter.
(2) Minimum project size. The tract of land on which a planned unit development - manufactured housing is proposed and permit requested shall contain not less than five acres of land.
(3) Required frontage. The tract of land for which a project is proposed and permit requested shall not have less than 200 feet of frontage on the public right-of-way.
(4) Development standards. By definition, a PUD emphasizes a regulatory process rather than regulations; however, certain minimal standards must be met.
(a) Density. Six thousand square feet lot area per dwelling unit (the sum of all non-public land within a development, including all land in common ownership through the homeowner’s association and land held directly by one individual landowners divided by the number of dwelling units).
(b) Building setbacks and distance between structures.
1. A 30-foot setback shall be maintained around the perimeter of a PUD.
2. The minimum distance between principal and accessory structures shall be six feet.
3. The minimum distance between principal structures shall be one-half the sum of the buildings’ heights.
4. The minimum distance between accessory structures where at least one structure is under private ownership shall be six feet.
5. There will be no minimum setback between accessory structures that are in common or limited common ownership.
6. A minimum setback of 30 feet shall be maintained off all roadways and public right-of-way.
(c) Height. No structure shall exceed two and one-half stories or 25 feet, whichever is greater.
(d) Frost footings. All manufactured housing shall be constructed on frost footings in compliance with the State Building Code.
(e) Landscaping and screening.
1. Each lot shall be properly landscaped with at least one tree, hedges, grass, fences, windbreaks and the like.
2. Commonly held open space shall be landscaped in accordance with a landscaping plan approved by the Planning Commission.
3. Boundaries of the development not abutting a public right-of-way shall be screened in compliance with § 157.020 of this chapter.
(f) Parking.
1. Two off-street parking spaces per dwelling unit shall be provided for exclusive use by that unit.
2. The Planning Commission may require a hard-surfaced off-street parking lot for guests of occupants in the amount not to exceed one space per two units. Such space must be located as to be readily accessible and in close proximity to the units it is serving. Determination of the need for guest parking shall be based on project design; how conducive proposed streets are in accommodating temporary off-street parking; and design of the off-street parking required for each unit.
3. The Planning Commission may require additional off-street parking for commonly owned facilities such as community centers, weather shelters, recreation facilities and the like. Determination of the need for as well as the number of spaces required will be based on the use of the structure or facility and its location within the PUD.
4. Development plans must indicate garage sites for all dwelling units whether or not garages will be part of the initial development. Such sites may be entirely situated on private lots or may be provided as a limited common facility.
(g) Weather shelter. When required by state law, a weather shelter in conformance with state law, shall be built and held in common ownership. Such shelter shall be of a size to temporarily accommodate a number of persons totaling no less than three persons per proposed dwelling unit.
(5) Additional requirements.
(a) In addition to the requirements of division (E)(1) above, regarding property control, the Planning Commission will review declarations to ensure that mechanisms for adequate control and maintenance of the development will be established and that the homeowner’s association will be a responsible agent in administering and enforcing the declaration and covenants and deed restrictions included. Specific items to be addressed in the declaration shall include, but not be limited to:
1. Control of physical appearance; control and upkeep of both the individual units and lots and all common and limited common properties to include steps, additions to dwelling units, maintenance of grounds and commonly held facilities and the like;
2. Accessory buildings and uses;
3. Declarations must specify that all units must be owner-occupied; provisions for the temporary leasing of units with approval of the homeowner’s association may be included in the declaration;
4. Must specify association’s role regarding maintenance, design review, enforcement and the like; and
5. Type(s) of unit(s) allowed in development.
(b) The Planning Commission will review the declaration and any covenants and deed restrictions included as to their adequacy in ensuring that a high quality living environment will be maintained.
(6) Minor PUDs. The minimum requirements of divisions (H)(2) and (H)(3) above may be reduced, if, upon recommendation of the Planning Commission, the City Council determines that the public health, safety and general welfare can be better served by a smaller development that demonstrates integrated planning and architecture, joint or common use of parking, conservation of land and open space through clustering of buildings and activities, and provides a harmonious selection and efficient distribution of uses. The Zoning Administrator may waive or reduce procedures and requirements for such minor manufactured housing planned unit developments of less than five acres and/or 200 feet of frontage on the public right-of-way.
(Ord. 827, passed 4-19-1983; Ord. 1061, passed 6-16-1992; Ord. 1160, passed 4-15-1997)